生命法学视野下的代孕法律行为研究

Research on the Legal Act of Surrogacy from the View of Life Jurisprudence

不孕不育患者有生育子女的现实需要,使用代孕方式的人群是客观存在着的,而相应的法律规定尚不健全,由此便产生一系列纠纷。鉴此,我国当务之急应是立足实际,准确界定"代孕"含义,对代孕所涉及的法律问题进行梳理和深入的分析,完善相关法律法规,在为代孕者及代孕委托方合法权益提供切实保障的同时,明确代孕实施法律要件,以有效控制代孕滥用现象。

Infertility patients have the real need of having children, and the people who use surrogacy exist objectively, but the corresponding laws and regulations are not perfect, which caused a series of disputes consequently. So it is urgent to define surrogacy accurately in China based on practicality, comb and analyze carefully the legal issues concerned with surrogacy, perfect the relevant laws and regulations, provide a solid guarantee for the legitimate rights and interests of surrogate motherhood and surrogate clients and make clear the legal requirements of surrogate implementation to effectively control the abuse of surrogacy.